3AWhat is *amenity*?

3A What is *amenity*?

(1) For the purposes of this Act, the amenity of an area is the quality that the area has of being pleasant and agreeable.

(2) Factors that may be taken into account in determining whether the grant, variation or relocation of a licence would detract from or be detrimental to the amenity of an area include—

S. 3A(2)(a)–(c) repealed by No. 20/2018 s. 29.

(d) the possibility of nuisance or vandalism;

(e) the harmony and coherence of the environment;

(f) any other prescribed matters.

(3) Nothing in subsection (2) is intended to limit the definition of amenity.

S. 3AA inserted by No. 58/2011 s. 52.

3AA Evidence constituting detraction from or detriment to amenity of area

For the purposes of this Act, evidence of any of the following factors, which may occur inside, or a place outside a licensed premises that is sufficiently proximate to, that premises, are taken to constitute evidence of detraction from, or detriment to, the amenity of the area in which the licensed premises is situated—

(a) violent behaviour;

(b) drunkenness;

(c) vandalism;

(d) using profane, indecent or obscene language;

(e) using threatening, abusive or insulting language;

(f) behaving in a riotous, indecent, offensive or insulting manner;

(g) disorderly behaviour;

(h) causing nuisance;

(i) noise disturbance to occupiers of other premises;

(j) obstructing a footpath, street or road;

(k) littering.

S. 3AB inserted by No. 8/2006 s. 5.

3AB What is intoxication?

(1) For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co‑ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor.

S. 3AB(2) amended by Nos 72/2007 s. 62, 58/2011 s. 104(Sch. item 4.2).

(2) The Commission must issue guidelines containing information about how to determine whether a person is in a state of intoxication for the purposes of this Act, the Casino Control Act 1991 or the Gambling Regulation Act 2003.

S. 3AC inserted by No. 73/2007 s. 12.

3AC Who is an *associate*?

(1) For the purposes of this Act, an associate of a person (the ) is—